New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 17

17 Child no longer in agreement with removal or transplantation

(1) Where a medical practitioner has given a certificate in accordance with section 11 and the child in relation to whom the certificate has been given indicates:

(a) if the child is a patient in a hospital:

(i) to a designated officer for the hospital,

(ii) to a medical practitioner who is attending the child in a professional capacity, or

(iii) to a nurse employed at the hospital, or

(b) if the child is not a patient in a hospital-to a medical practitioner who is attending the child in a professional capacity,

that the child is no longer in agreement with the proposed removal and transplantation of tissue, subsections (2), (3) and (4) have effect.

(2) Where:

(a) the child is a patient in a hospital, and

(b) the child indicates to a person referred to in subsection (1) (a) (ii) or (iii) that the child is no longer in agreement with the proposed removal and transplantation of tissue,

the person to whom the indication is given shall forthwith inform a designated officer for the hospital that the child is no longer in agreement with the proposed removal and transplantation of tissue.

Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.

(3) The designated officer for the hospital or, where the child is not a patient in a hospital, the medical practitioner who is attending the child in a professional capacity shall, if it appears to the designated officer or the medical practitioner, as the case may be, after making such inquiries (if any) as are reasonable in the circumstances, that any other medical practitioner is proposing to remove tissue from the body of the child pursuant to the consent, inform that other medical practitioner forthwith that the child is no longer in agreement with the proposed removal and transplantation of tissue.

Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.

(4) A medical practitioner who has possession of:

(a) an instrument of consent, or

(b) a certificate given in accordance with section 11 in relation to the consent,

or both, shall, as soon as practicable after becoming aware that the child to whom the consent relates is no longer in agreement with the proposed removal and transplantation of tissue, furnish the instrument or certificate, or both, as the case may be, to the person who gave the consent.

Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.